INTRODUCTION Evidence generally discloses the truth of a matter-Sebastin Tar (HON). It is a specie of proof or probative matter legally presented at the trial of any issue by the parties… to induce belief in the mind of the court… as to their contentions– Onya V Ogbuji. Phipson: testimony… which may be legally received in […]
CLASSIFICATION OF EVIDENCE. Oral Evidence: The assertion of a human being…see Section 125 EA. Evidence given by a witness in the witness box or after being sworn-Sebastine Tar In Nigeria, this may also include body language by an incapacitated person. Section 125, 126. Documentary Evidence: tendered through the use of documents. Section 258(1) defines it […]
SOURCES OF NIGERIAN LAW OF EVIDENCE. Before 1945, the source was the received English law (Common law, Equity and Statutes of General Application that were in force as at January 1 1900). In 1943 Evidence Ordnance was promulgated but came into force in 1945. Amended in 1950, 1955, 1958, 1990, 2004 then 2011. The Old […]
OTHER RELEVANT PRELIMINARIES. FACT AND FACT IN ISSUE. A FACT: Section 258(1) EA provides that it may mean: Any thing, state of things or relation of things capable of being perceived by the senses. Any mental condition of which any person is conscious. In other words, a fact is anything that the human mind can […]
ILLEGALLY OBTAINED EVIDENCE The consideration here is balancing the need to maintain purity in the administration of justice against preventing the escape of a guilty person on procedural grounds. The law is that evidence should be obtained in accordance with legal and due process. E.g. To search premises; a search warrant must be obtained, the […]
EVALUATION OF EVIDENCE. Evidence has to be properly evaluated. The courts would consider Whether the evidence is relevant. Whether it is admissible Whether it is credible Whether it is more probable than that given by the other party. The court should not shut its eyes to the obvious while evaluating-AG Fed V Abubakar. If the […]
RELEVANCY AND ADMISSIBILITY. RELEVANCY: “Relevant” is defined in Black’s Law Dictionary as …logically connected and tending to prove or disprove a matter in issue. Section 258 in defining fact in issue seems to correlate with relevancy. In Osolu V Osolu, fact in issue was defined as what the parties disagree about. In R V Kilbourne, […]
SOME SALIENT PROVISIONS OF THE EVIDENCE ACT 2011 BRIEFLY EXAMINED. SECTION 4: facts which (though not in issue but) are so connected with the fact in issue as to form part of the same transaction are relevant… This above provision has been referred to as the statutory representation of the common law principle of Res […]
PROOF OF CUSTOM AND JUDICIAL NOTICE. In Nwaigwe V Okereke, custom was regarded as the tradition and ethos which govern the relationship between members of a community. A custom is regarded as a question of fact-Section 18(1). Therefore it must be established/proved either by judicial notice or evidence. A custom may be noticed judicially where […]
CIRCUMSTANTIAL EVIDENCE AND PRESUMPTIONS. In Ahmed V State, circumstantial evidence was defined as evidence of relevant facts from which the existence or non-existence of facts in issue may be inferred. Gives rise to a logical inference that a fact exists or a particular happening in question occurred. It is inference by the use of forensic […]
ESTOPPEL. (Section 169-174). ESTOPPEL PER RECORD Estoppel per record simply precludes the parties from re-litigating the same cause of action. Section 173[1] and 174[2] EA deals with res judicata and issue estoppel. Formerly Section 54 of the Repealed EA. Galadima JSC in Makun V Federal University of Technology[3] noted that these sections seek to bring […]
